IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 226 CRM-M-19601-2026 (O&M) Date of Decision: 22.07.2026 SARAJUDDIN ....Petitioner V/s STATE OF HARYANA .…Respondent CORAM: HON'BLE MR. JUSTICE VIKRAM AGGARWAL Present: Mr. Sahil Choudhary, Advocate, for the petitioner. Ms. Vasundhara Dalal Anand, Sr. D.A.G., Haryana. *** VIKRAM AGGARWAL, J. (ORAL) This is the second petition preferred under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short the ‘BNSS’) for the grant of regular bail to the petitioner in case FIR No.95 dated 27.02.2023 registered under Section 302 of IPC at Police Station Ganaur, Sonipat. First petition was dismissed on 22.09.2025. 2. Custody certificate dated 21.07.2026 filed in Court today is taken on record. 3. On a complaint submitted by one Sonu, the FIR in question was registered with the following allegations, the contents of which are as under:- “I request that I Sonu S/O Shri Maha Singh, resident of village Dubheta, work as a labourer. I had organised a programme at my home on the occasion of the foundation stone laying ceremony of my house and with the help of family and village, a colourful programme was organised in the village school. Jagdev son of Maha Singh is my aunt's son, he had also come to this programme. At around 11 pm, our village's SITU S/O Shri Ramher told me that a person was MANI KUMAR 2026.07.22 18:20 I attest to the accuracy and integrity of this document CRM-M-19601-2026 (O&M) -2- lying injured in the school room. I went there with him at the same time and saw that my aunt's son Jagdev S/O Maha Singh was lying injured. I called my brother Naveen and got him admitted to Khanpur PGI, from where the doctor referred him to PGI Rohtak. My aunt's son Jagdev was beaten up by some unknown boys. They have brought him to this condition and have harmed him and injured him. Please take legal action against them and take strictest possible action.” 4. On 02.03.2023, Jagdev expired during treatment. On 04.03.2024, the petitioner was arrested. 5. Learned counsel for the petitioner submits that the petitioner has been falsely implicated and he has clean antecedents. He submits that the case is based upon circumstantial evidence. He further submits that the complainant Sonu has not supported the case of the prosecution. He submits that the petitioner is in custody since 04.03.2023; 3 years 4 months and 18 days have gone by; out of a total of 32 witnesses, only 14 witnesses have been examined, whereas the other remaining 18 witnesses, majority of whom are official witnesses, still remain to be examined; trial will take a sufficiently long time, therefore, no useful purpose would be served by keeping the petitioner in custody any longer. 6. Per contra, learned State counsel has opposed the bail application, stating that the manner in which the offence was committed is such that the petitioner does not deserve to be released on bail. 7. I have considered the submissions made by learned counsel for the parties. 8. Concededly the case is based upon circumstantial evidence. No doubt, the deceased had a number of injuries on his body. As to whether it was the petitioner who had caused the same, will be determined when the trial concludes. The antecedents of the petitioner are stated to be clean. The petitioner is in custody for the last 3 years, 4 months and 18 days. Out of 32 MANI KUMAR 2026.07.22 18:20 I attest to the accuracy and integrity of this document CRM-M-19601-2026 (O&M) -3- witnesses, only 14 witnesses have been examined till date and out of the said 14 witnesses the complainant has not supported the case of the prosecution. It is therefore, clear that trial will take a sufficiently long time and in the considered opinion of this Court, no useful purpose would be served by keeping the petitioner in custody any longer. 9. In view of the aforementioned facts and circumstances, without expressing any opinion on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the concerned trial Court/Chief Judicial Magistrate/Duty Magistrate. 10. Pending application(s), if any, shall also stand disposed of. (VIKRAM AGGARWAL) JUDGE July 22, 2026 Mani Kumar Whether speaking/reasoned: Yes/No Whether reportable: Yes/No MANI KUMAR 2026.07.22 18:20 I attest to the accuracy and integrity of this document